The Court of Appeal has found that segregation of pupils by sex at an Islamic faith school in Birmingham was directly discriminatory.
Love them or hate them, tattoos are popular and more and more people have them. From Judi Dench to Harry Styles, an increasing amount of people are choosing to decorate their bodies with ink.
Last year, in Barbulescu v Romania, the European Court of Human Rights decided that employers were able to monitor their workers’ emails where there was a good reason for doing so. Now, in a surprising turn of events, that decision has been reversed on appeal.
E-cigarettes have not been around long but you can find an E-cigarette shop in almost every high street or shopping centre and it is estimated that there are circa 2.8 million E-cigarette users in the UK.
The conciliatory service ACAS recently published a report focused on workplace attitudes towards supporting parents who take extended leave to care for children. The report, Flexible Working for Parents Returning to Work – Maintaining career development, confirms that while there’s been a big push for employers to encourage women to feel comfortable taking maternity leave without losing their status in the workplace, the same can not be said for their male counterparts.
The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider vaping at work, monitoring employees and the tattoo taboo..
With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.
On 26 July 2017, the UK Supreme Court ruled that the employment tribunal fees regime, introduced in 2013, was unlawful. The government had already undertaken that if it lost the case it would refund the fees paid over the last four years.
There is lots of information in our August edition of Workplace Law, we have split it into three sections. These include: Voluntary overtime - we talk about a new ruling which will be welcomed by employers who are paid overtime. Statutory payments - employers need to alter how they have been calculating various statutory payments. Injuries to feelings in the workplace - a recent case (De Souza v Vinci Construction) resolved questions as to whether civil courts can now apply injuries to feelings.
Just before Parliament broke up for its summer break, the Parental Bereavement (Pay and Leave) Bill was introduced into the House. The bill proposes that employed parents who have lost a child will, for the first time, get statutory paid leave to grieve.
Whilst this decision cannot compete with the recent employment tribunal fees ruling in terms of consequences for employers, it does go against over 20 years of established practice and will come as a shock to most employers.
A recent case involving an NHS trust has demonstrated that, for a group of employees to transfer to a new contractor under TUPE, it is essential that they are organised for the principle purpose of carrying out the end client’s particular work.
Employees who regularly work voluntary overtime should have these payments included when calculating their holiday pay, following a landmark decision on overtime and holiday pay at the Employment Appeal Tribunal (EAT) last week, in the case of Dudley Metropolitan Borough Council v Willetts.
In our July edition of Workplace Law we have prepared a summary of the key points raised in the Taylor Review on Modern Working Practices. The Good Work Report makes a series of recommendations some of which if implemented into legislation then will have far reaching consequences for employers and the employment relationship. Please therefore take some time to read this month’s edition.
In a ground-breaking decision handed down this morning the Supreme Court ruled that employment tribunal fees are unlawful, prevent people having access to justice and the fee regime will be abolished with immediate effect from today.
Any business that has experience of outsourcing, re-contracting or bidding for contracts will have heard of the TUPE regulations.
Think about the workplace twenty years ago, and you’re likely to conjure a very different image from what we see today. Everything we do is quicker, more dynamic and revolves around flexibility. This includes the way we look at employment.
The recent case of Focus Care Agency Ltd v Mr B Roberts had the Employment Appeal Tribunal (EAT) considering whether those working “sleep-in” shifts were entitled to the National Minimum Wage (NMW) for just the time they were awake or the whole of their shift, even when they were asleep.
This summer has seen the release of the eagerly anticipated independent review into modern employment practices following a swathe of high profile challenges to employment status in tribunals up and down the country.
Solicitor, Elizabeth Maxwell from our Employment team speaks to HR Magazine about use of polygraph tests in employment disputes and whether they are admissible in courts and tribunals and the implications of if an employee refuses a test.
Earlier this month, John Lewis was forced to make a £36m provision for potential costs of paying the national minimum wage, after discovering that its systems may not comply with regulations.
In this month’s edition of Workplace Law, we look at the multifactorial approach when considering National Minimum Wage for sleep-in workers, the potential discriminatory tests following an employer’s test and the MP’s assessment of the gig economy.
This month MPs came together to address the alleged bogus self-employment practices that have become a major feature of modern working practices.
On 1 May 2017 the Work and Pensions Committee published a report after hearing from gig economy companies like Uber, Hermes and Deliveroo and from the drivers who carry out the work for them.
It is more and more common for employers to use aptitude tests in order to select candidates when recruiting. These tests can be particularly useful and relevant in the sifting and selection process.
Understanding exactly what the position in relation to this question is particularly important if you are an employer in the care sector or education sector with boarding facilities or any other organisations that requires people to be on call or required to work “sleep-in” shifts
Solicitor, Elizabeth Maxwell from our Employment team speaks to HR Magazine about Uber's new insurance scheme aimed to protect its drivers.
In this month’s edition of Workplace Law, we look at dismissing employees who have been on long-term sickness, the apprenticeship levy and provide clarity on the indirect discrimination test.
You may be aware that from 6 April 2017 the government brought in the new apprenticeship levy. But what is this and what does it mean?
The case of O’Brien v Bolton St Catherine’s Academy is a tale of caution to all employers looking to dismiss an employee who has been on long-term sick.
Partner, Susanna Rynehart and Solicitor Elizabeth Maxwell from our Employment team speak to the Times about why pay gap rules may not work.
In our last few editions of Workplace Law we have covered the 3 big cases of Uber, CitySprint and Pimlico Plumbers - cases which have highlighted the courts new robust approach to looking behind a contract in order to determine whether an individual is an employee or a worker.
One of the most recent cases involved drivers engaged by a partnership providing haulage services to construction companies. The partnership argued that these drivers were self employed and therefore responsible for paying their own tax. HMRC took a different stance. The reality of the working relationship was that the partnership dictated the terms of the relationship and there was no real evidence that the drivers were running their own business.
The Employment Appeal Tribunal (EAT) has given a verdict which highlights the importance of allowing flexible working hours for employees.
Polygraph tests play a major role in investigations in the US and in recent years have started to be used in the UK, but usually in respect of criminal investigations. We think there is a case to say they have a place in the employment sphere too. Particularly in issues relating to dishonesty, deception or stealing confidential information.
In this month’s edition of Workplace Law, we look at the Pimlico Plumbers case, the increases to tribunal awards, the online tribunal database, whether gross negligence can constitute gross misconduct and ill-health retirement!
Senior associate, Ben Stepney from our employment team speaks with Growth Business to explain how to tackle name bias in recruiting to boost diversity and inclusion in the workplace.
In this month’s edition of Workplace Law, we look at the continued trend of cases in relation to employment status, the tax position for termination payments, 18 rated films and the gender pay gap.
When a gift is a gift and not a bribe. Elizabeth Maxwell considers the law on giving and receiving gifts in the workplace.
Back in October it was announced that the Employment Tribunal had upheld claims for entitlement to the national living wage and holiday pay from a group of Uber drivers. They found in the drivers’ favour and established that they are not self-employed but are workers. Since then, other cases have been decided against companies like City Sprint and Pimlico Plumbers where judges have grappled with the concept of worker status and blurred the lines of the so-called “gig” economy further.
We wish our readers all a very merry Christmas and best wishes for 2017.
In the November edition of Workplace Law, we would like to introduce you to collaborative employment law a new initiative that has been set up by us with Brachers, Furley Page and Thackrey Williams. We also consider the recent Uber case decision, holiday pay including commission, the tribunal fee report and judicial assessment.
Social media is unquestionably the new marketing frontier for businesses and the way we all like to share an opinion or have a say about what we think, eat, do and feel with our work colleagues, friends, families and people we barely know.
Senior Associate, Ben Stepney from our Employment team gives speaks to The Independent about the inevitable clash between entrepreneurial free-spirit flexibility and the long-recognised need for protection of workers rights.
Nick Hobden, Partner and Head of Employment speaks to City AM about the potential implications of an employment tribunal that will be a deciding factor to whether Uber drivers will be granted entitlement to benefits such as sick pay and holiday.
Nick Hobden speaks to Kent Business about a new process, called Collaborative Employment Law.
It is definitely time to review your data protection policies – read why in our September issue of Workplace Law. We also consider the cost consequences of using zero hour contracts incorrectly and try to understand just how much information about a claim an individual needs to give in ACAS early conciliation. There is an interesting update on reasonable adjustments too…
Q: I have been injured in an accident which was partly my fault. Does that stop me from claiming compensation?
No. Many people are reluctant to start a claim because they feel that an accident was their fault when in strict legal terms the accident was in fact caused wholly, or partly, by someone else.
Partner, Susanna Rynehart from our Employment team speaks with Retail Gazette about what employers should do or consider, in order to be compliant with National Minimum Wage legislation.
Four law firms have joined forces to launch Collaborative Employment Law (CEL), a group aiming to bring a novel mediated approach to employment disputes as an alternative to litigation, modelled on a technique developed by family lawyers.
In this edition of Workplace Law we look at statutory holiday pay and voluntary overtime. We will also update you on the new taxation and NIC regime for termination payments, as well as introducing you to the new member of our team.
When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.
This month we consider the Uber case, when a philosophical belief is a protected characteristic, the ACAS Code’s application to ill health dismissals and the admissibility of negotiations under S. 111A and ‘without prejudice’ negotiations.
Q – I employ a number of EU nationals in my business. Now that the UK has voted for Brexit, can I continue to employ them?
Is your bonus less than you were expecting? Is there anything you can do about it if the bonus scheme is discretionary? Susanna Gilmartin, Partner in our Employment Team, provides some guidance that will be useful for both employers and employees.
Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.
As ever legislation is on the move and case law continues to move the goal posts, challenging HR practitioners. This month we consider whether a discretionary bonus is truly discretionary, the importance of complying with data protection laws, the review of non-compete clauses, the expectation of employees to work long hours being a PCP and the ACAS research paper on early conciliation. But first, Brexit…
Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.
The Trades Union Congress has commissioned a 66 page report, prepared by Michael Ford QC, reviewing the potential impact of Brexit. The following summarises his findings
A large amount of the UK’s employment law comes from the EU, for example the Working Time Regulations, Agency Worker Regulations and rules on transfers of undertakings.
As a member of the EU the UK has to implement EU Directives in its own domestic law and court and tribunal judges have to interpret such laws in accordance with the objectives behind them and consistent with rulings by the European Court of Justice.
The following article discusses what people should prepare for, following the Brexit vote.
The Solicitors Journal reports on Thomson Snell & Passmore's recent significant promotions within the firm.
Susanna Gilmartin advised a large FE College on a difficult matter that arose involving a fraud and safeguarding investigation against a senior member of staff.
Welcome to our May edition as ever legislation is on the move and case law continues to move the goal posts challenging HR and employment practitioners.
In this month's edition of Workplace Law we consider what Brexit will mean for employment law, what is meant by a month in ACAS Early Conciliation and the ongoing debate regarding employment tribunal fees.
Leading South East law firm Thomson Snell & Passmore held its sixth successful mock Employment Tribunal (ET) in Ashford last week. The event drew a record attendance of nearly 70 people.
Make sure you read the March edition of Workplace Law so you know about the increase in maximum weekly pay and compensation on unfair dismissal claims. We also consider whether you can dismiss an employee for “pulling a sickie” and whether childcare vouchers = remuneration.
In February's edition of Workplace Law we discuss accessing employee’s personal emails at work to ensure that you don’t think employers have the green light to snoop.
On 1 April 2016 the national living wage (NLW) will come into force. This requires all workers aged 25 or over to be paid at least £7.20 an hour. This will be a 50 pence increase on the current national minimum wage (NMW) rate of £6.70 for workers aged 21 and over.
Susanna Gilmartin from our Employment team speaks to The Time’s The Brief and gives her opinions on the new proposed gender pay gap law.
Thomson Snell & Passmore’s corporate team has advised new clients in connection with the sale of their family business for an undisclosed sum to a US buyer.
We kick off January 2016's Workplace Law by reporting on the new Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015, the introduction of the National Living Wage and the new ACAS guidance on legal highs in the workplace. There is also a section on a recent case concerning instructions to an employee not to speak her native language and an overview of whether this was discriminatory.
Ben Stepney speaks to Caring UK and outlines changes in employment law and states how this will affect employers and their employees.
Nick Hobden speaks to money and lifestyle publication City A.M. about the most common pitfalls associated with the awarding of Christmas bonuses and gives advice on what employers should do to avoid turning Christmas bonuses into a festive disaster.
Nick Hobden speaks to money and lifestyle publication City A.M. about the most common pitfalls associated with the awarding of Christmas bonuses and gives advice on what employers should do to avoid turning Christmas bonuses into a festive disaster.
Nick Hobden, Head of Employment and Trainee Solicitor Alison Antill speak to leading independent HR news provider HR Review and give their verdict on the collapse of the Kids Company and the effect it has had on the charity’s employees.
MexxaMixx is a Kent-based business which manufactures and sells a range of Mexican style cooking sauces. Following the purchases of the entire share capital of the manufacturer, orders have been running smoothly as MexxaMixx is able to control production itself.
Ben Stepney and Alison Antill from our Employment team speak to business news and management magazine Real Business, to discuss whether care sector employers are inadvertently failing to pay their staff the minimum wage.
Nick Hobden, Partner and Head of Employment speaks to Personnel Today about his considerations regarding the penalties imposed against employers breaching their legal obligations.
Each month Thomson Snell & Passmore will be answering frequently asked questions from across the practice. Taking the lead this month, is Susanna Gilmartin a partner from our Employment team who has answered two common issues facing both businesses and individuals.
The Health and Safety Executive (HSE) calculates that 11.3m working days were lost in 2013-2014 due to employee stress, depression or anxiety. According to a survey by Unison in 2013, over 70 per cent of local government employees say stress is affecting how well they can do their jobs.
These case studies were serialised in the Kent and Sussex Courier, but are collated together in this case to show all of the different stages a company can go through and how we can assist. MexxaMixx is a ficticious Kent-based business which manufactures and sells a range of Mexican style cooking sauces.
Ben Stepney casts his eye over sick pay reform and discusses the challenges SMEs face when trying to juggle employment law rights for their staff and turning a profit.
In a recent employment tribunal case, PricewaterhouseCoopers (PWC) were found to have discriminated against a male employee when turning down his request to work flexibly so he could spend more time looking after his daughter.
Bring Your Own Device (BYOD) describes the practice and increasingly popular occurrence of staff using their own personal mobile devices such as a laptop, tablet or smartphone for business purposes either while at work or remotely.
The concept of protected and without prejudice conversations is essentially the same, it allows communications between an employer/employee in certain circumstances to be protected by confidentiality and to not be admissible in any future dispute before a court or employment tribunal should this occur.
A new system of shared parental leave (SPL) will apply to parents of babies due from 5 April 2015. This will allow new parents to share childcare responsibility and time off from work.
Employees will not transfer if a contract is short term or for a different organisation.
Kent has had its fair share of wet and stormy weather so far this winter. This had led to roads being blocked and public transport cancelled, sometimes making it impossible for employees to get into work.
Leading South East law firm Thomson Snell & Passmore is pleased to be offering a highly practical and interactive three hour training session designed for managers and line managers who have direct responsibility for dealing with grievances and disciplinaries.
By Ben Stepney, Employment Solicitor. Article first published in Talk Business August 2013.
By Nick Hobden, Partner in Employment. Article first published in Real Business July 2013.
The claimants claimed that their dismissal was unfair as the employer had not complied with its obligations under the Working Time Regulations 1998 in relation to rest breaks.
Published in Personnel Today on 6 February 2013. By Nick Hobden, Partner and Head of Employment. Contact Thomson Snell and Passmore 01892 510000
On 23 November last year, Vince Cable made a speech setting out the government’s intention to reform employment relations. Amongst the proposals was a plan to consider the implications of reducing collective redundancy consultation periods, which in its current form has been around since 1992.
Thomson Snell & Passmore has achieved outstanding rankings in this year’s Chambers & Partners – with an impressive 24 lawyers recognised as “leaders in their field” – four more than last year.
First featured in our latest magazine thebusiness.
Longer work placements lead to ‘business ready’ graduates
By Ben Stepney, Solicitor in Employment. Article first published in Kent Business on 5 July 2012.
By Susanna Gilmartin, Partner in Employment.
A few years ago, everyone seemed to be rather preoccupied with the question of precisely how to deal with the accrual of holiday, when an employee is on long term sick leave. Various cases on this subject were widely reported and whilst a number of questions remained unanswered, something like a consensus arose regarding how to deal with such situations.
By Ben Stepney, Solicitor in Employment.
In its recent response to the ‘Resolving Workplace Disputes’ consultation paper, the Government has announced what it describes as “the most radical reform to the employment law system for decades”.
